A participant in proceedings, witness, expert, interpreter or translator who fails to appear in court due to a legal impediment must notify the court thereof in a timely manner. A legal impediment is the illness of the person or the sudden serious illness of a person close to the person, due to which the person fails to appear in court on the due date set out in the summons or perform other acts obligatory for the person in proceedings.
A person must submit a corresponding certificate concerning the occurrence of a legal impediment. The certificate must comply with the requirements set out in Regulation No. 85 of the Minister of Social Affairs of 22.06.2004. From the point of view of the court it is important that the certificate contain an entry where a doctor certifies that the certificate is issued for submission to a court for the purpose of proving the existence of a legal impediment.
Absence from a preliminary hearing
If, in pre-trial proceedings, both parties fail to appear in the preliminary hearing regardless of a summons, the court may refuse to hear the action.
If one of the parties fails to appear in a preliminary hearing, the court may, at the request of the party present, make a default judgement if the absent party has been warned that a default judgement may be made against the party in the case of the party’s absence. If a court does not make a default judgement, the court may order a new preliminary hearing.
If a plaintiff fails to appear in a preliminary hearing and the defendant present does not request that the court make a default judgement, the court may refuse to hear the action or order a new preliminary hearing.
If a defendant fails to appear in a preliminary hearing and the plaintiff present does not request that a default judgement be made, the court will order a new preliminary hearing.
If a defendant fails to appear in a preliminary hearing twice and the plaintiff present does not request that the court make a default judgement, the court may refuse to hear the action.
If a defendant fails to appear in a preliminary hearing in a matter in which the court deems it impossible to make a default judgement, the court may fine the defendant or impose compelled attendance.
Absence of parties from a court session
If both parties fail to appear in a court session, the court may refuse to hear the action.
If one of the parties fails to appear in a court session, the court may, at the request of the party present, make a default judgement if the absent party has been warned that a default judgement may be made against the party in the case of the party’s absence. If the court does not make a default judgement, the court may adjourn the hearing of the matter or adjudicate the matter on the merits.
If a plaintiff fails to appear in a court session and the court does not make a default judgement, the court may refuse to hear the action, adjourn the hearing of the matter or adjudicate the matter on the merits.
If a defendant fails to appear in a court session and the court does not make a default judgement, the court may adjourn the hearing of the matter or adjudicate the matter on the merits.
If a defendant fails to appear in a court session in a matter in which the court deems it impossible to make a default judgement, the court may fine the defendant or impose compelled attendance.
A party who, without a legal impediment, fails to appear in court when summoned or fails to comply with a demand of the court, and thereby causes the adjournment of the hearing of the matter, shall compensate the opposing party for the costs arising therefrom regardless of the division of legal costs.
